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High court weighs overtime pay for drug sales reps
Court Feed News |
2012/04/17 17:58
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A seemingly divided Supreme Court on Monday weighed a potentially costly challenge to the pharmaceutical industry's practice of not paying overtime to its sales representatives.
The justices questioned whether the federal law governing overtime pay should apply to the roughly 90,000 people who try to persuade doctors to prescribe certain drugs to their patients.
Many sales jobs are exempt from overtime pay under the Fair Labor Standards Act. But unlike typical salespeople who often work on commission, pharmaceutical sales representatives cannot seal a deal with doctors. Federal law, in fact, forbids any binding agreement by a doctor to prescribe a specific drug.
Two salesmen who once worked for drug maker GlaxoSmithKline filed a class-action lawsuit claiming that they were not paid for the 10 to 20 hours they worked each week on average outside the normal business day. Their jobs required them to meet with doctors in their offices, but also to attend conventions, dinners, even golf outings.
Justice Ruth Bader Ginsburg was among several justices who wondered about limits on overtime opportunities if the court were to rule for the sales reps. A court filing by the industry said drug companies could be on the hook for billions of dollars in past overtime. |
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Court allows Edwards to hire mistress's lawyers
Court Feed News |
2012/03/16 12:00
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Former presidential candidate John Edwards got his wish Thursday and is changing his defense team ahead of his criminal trial on charges of campaign finance violations, hiring the same attorneys who once helped his mistress in a lawsuit over the couple's alleged sex tape.
The former U.S. senator from North Carolina testified under oath that he understood a jury might puzzle over the fact that lawyers Alan Duncan and Allison Van Laningham would be representing him after previously representing his mistress, Rielle Hunter.
Edwards faces charges that he broke federal campaign finance laws, allegedly using nearly $1 million from two wealthy donors to hide the pregnant mistress and prevent a scandal from erupting as he campaigned for the White House in 2008. He has pleaded not guilty.
U.S. District Court Judge Catherine C. Eagles told Edwards that shaking up his defense team was likely causing him stress, something the former senator's doctor said in a private letter to the judge Edwards should avoid to protect his health. The judge asked Edwards whether he was taking any narcotics or other medications that might fog his judgment before trial. |
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Vegas woman skips court in scissors death case
Court Feed News |
2012/03/14 17:15
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A mother accused of killing her 6-year-old daughter with scissors refused to leave her jail bed for her first court appearance Wednesday, drawing angry words from a Las Vegas judge and concern from her lawyer about her mental state.
Las Vegas Justice of the Peace Joe M. Bonaventure reset Danielle Yvonne Slaughter's arraignment on a murder with a weapon charge for Friday, telling a jail supervisor by closed-circuit video that he wants Slaughter brought forcibly to court if necessary.
"I have concerns with delaying a case with such a serious charge," the judge said.
Slaughter was being held in supervised isolation at the Clark County jail, and Deputy Public Defender Andrea Luem told the judge she was worried about Slaughter's mental condition. Luem said she hoped to obtain a psychological evaluation.
"My concern is whether she's able to understand the charges," Luem said.
Several friends and supporters of Slaughter attended the brief court hearing and accompanied Luem back to her office afterward. They refused to speak with reporters or identify themselves. |
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Court tosses jury award in Katrina jail lawsuit
Court Feed News |
2012/03/13 12:19
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A federal appeals court on Monday threw out a jury's award of more than $650,000 to two Ohio tourists who were arrested in New Orleans on public drunkenness charges two days before Hurricane Katrina's landfall and jailed for more than a month after the storm.
A three-judge panel from the 5th U.S. Circuit Court of Appeals ruled that Orleans Parish Sheriff Marlin Gusman didn't falsely imprison Robie Waganfeald and Paul Kunkel Jr., both of Toledo.
The men's lawyers argued during an October 2010 trial that they were entitled by law to be released within 48 hours unless probable cause was found to keep them in custody. But the 5th Circuit judges concluded the 48-hour rule was suspended because of the 2005 storm.
"The undisputed evidence in this case compels the conclusion that Hurricane Katrina was a bona fide emergency within the meaning of the emergency exception to the 48-hour rule," Judge Jacques Wiener wrote. "Indeed, if Katrina was not an emergency, it is difficult to imagine any set of facts that would fit that description."
Gusman said the court ruling's "speaks eloquently."
"Our priority throughout the days and weeks surrounding Hurricane Katrina was the safe transfer of more than 6,000 inmates in an unprecedented movement that had never been attempted in the history of Orleans Parish or the state of Louisiana," Gusman said in a statement. "All of those inmates arrived at their destinations without a single fatality or serious injury. " |
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Miss. Supreme Court rules Barbour pardons valid
Court Feed News |
2012/03/09 17:34
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The Mississippi Supreme Court on Thursday upheld the pardons issued by former Gov. Haley Barbour during his final days in office, including those of four convicted killers and a robber who had worked at the Governor's Mansion.
Barbour, a Republican who once considered running for president, pardoned 198 people before finishing his second term Jan. 10. Most of the people pardoned had served their sentences years ago, but crime victims were outraged and created a furor that lasted for weeks.
Democratic Attorney General Jim Hood challenged the pardons based on the argument that many of them didn't follow a requirement in the state Constitution to publish notices in newspapers for 30 days.
In their 6-3 opinion, the Mississippi Supreme Court wrote "we are compelled to hold that — in each of the cases before us — it fell to the governor alone to decide whether the Constitution's publication requirement was met." The court also said it couldn't overturn the pardons because of the Constitution's separation of powers of the different branches of government.
"In this decision, the Supreme Court has reaffirmed more than a century of settled law in our state. But this was not only about the power of the pardon or even the power of the office, but about the ability of a governor to grant mercy," Barbour said in a statement. |
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FBI chief describes GPS problem from court ruling
Court Feed News |
2012/03/08 17:14
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A recent Supreme Court ruling is forcing the FBI to deactivate its GPS tracking devices in some investigations, agency director Robert Mueller said Wednesday.
Mueller told a congressional panel that the bureau has turned off a substantial number of GPS units and is using surveillance by agents instead.
"Putting a physical surveillance team out with six, eight, 12 persons is tremendously time intensive," Mueller told a House Appropriations subcommittee. The court ruling "will inhibit our ability to use this in a number of surveillances where it has been tremendously beneficial."
Mueller declined to say how many devices were deactivated. The FBI's general counsel said at a law school conference two weeks ago that the FBI has 3,000 GPS devices.
In January, the Supreme Court unanimously agreed to bar police from installing GPS technology to track suspects without first getting a judge's approval. On Wednesday night, the FBI said many of the GPS trackers were placed with court authorization and so were not deactivated.
"We have a number of people in the United States who we could not indict, there's not probable cause to indict them or to arrest them who present a threat of terrorism, articulated maybe up on the Internet, may have purchased a gun, but taken no particular steps to take a terrorist act," Mueller said. "And we are stuck in the position of surveilling that person for a substantial period of time." |
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